February 1, 2005, Introduced by Reps. Taub and Amos and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 951, 952, 953, 953a, 954, 955, and 971 (MCL
380.951, 380.952, 380.953, 380.953a, 380.954, 380.955, and
380.971), section 951 as amended by 1990 PA 147, section 952 as
amended by 1982 PA 370, and section 953a as added and section 971
as amended by 1995 PA 289, and by adding section 951a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
951. (1) An Subject to
section 951a, an intermediate
school board may detach territory from 1 school district and attach
the
territory to another school district if in any of the
following circumstances:
(a) If requested to do so by resolution of the board of a
school
district whose boundaries would be changed by the action. ;
subject
(b) Subject to subsection (2) (3), by resolution of the
board of a condominium association acting pursuant to a petition
signed by not less than 2/3 of the co-owners of the condominium
association
who reside on the land to be transferred. ; or if
(c) If petitioned by not less than 2/3 of the persons who own
and reside on the land to be transferred.
(2) The intermediate school board shall take final action
within 60 days after the receipt of the resolution or petition. The
territory to be detached shall be contiguous to the school district
to
which it is attached. If Subject
to section 951a, if the
latest
assessed valuation taxable
value of the territory to be
detached
is more than 10% of the latest assessed valuation
taxable value of the entire school district from which the
territory is to be detached, the action of the intermediate school
board shall not be effective unless approved by an affirmative vote
of a majority of the school electors of the school district from
which the territory is to be detached.
(3) (2)
The board of a condominium
association may request
that an intermediate school board detach territory from 1 school
district and attach the territory to another school district as
described in subsection (1) only if the board of the condominium
association represents the co-owners of a condominium project that
is completed and not less than 75% of the units are sold and
occupied.
Sec. 951a. (1) An intermediate school board shall transfer
territory under this section by detaching territory from 1 school
district and attaching the territory to another school district
that is contiguous to the territory if all of the following are
met:
(a) The territory to be transferred is a subdivision, village,
city, or township that includes property in more than 1 school
district or is a subdivision that is located in a village, city, or
township that includes property in more than 1 school district.
(b) The territory to be transferred has not been previously
transferred under this section within the immediately preceding 15
years.
(c) The intermediate school board is petitioned to make the
transfer by not less than 80% of the school electors who reside in
the territory to be transferred. If the affected school districts
are in more than 1 intermediate school district, the petition may
be filed with either intermediate school board. The petition shall
specifically include all of the following:
(i) The boundaries of the territory to be transferred.
(ii) The total number of mills of ad valorem property tax
levied by the school district from which the territory is to be
detached, including both operating millage and debt millage.
(iii) The total number of mills of ad valorem property tax
levied by the school district to which the territory is to be
attached, including both operating millage and debt millage.
(iv) A statement that the territory may continue to be part of
the school district from which it is detached for the purpose of
levying debt retirement taxes for bonded indebtedness existing at
the time of the transfer until the bonds are redeemed, but that the
territory will be a part of the school district to which it is to
be attached for all other purposes.
(d) The intermediate school board determines that the number
of pupils who reside in the territory to be transferred and are
currently enrolled in the school district from which the territory
is to be detached does not exceed 125.
(e) The board of the school district to which the territory is
to be attached approves the proposed transfer.
(f) The transfer is approved by a majority of those school
electors residing in the territory to be transferred voting on the
question. The election shall be conducted by the board of the
school district to which the territory is to be attached.
(2) A transfer of territory under this section is not subject
to approval by the school electors or school board of the school
district from which the territory is detached.
(3) If an intermediate school board receives a petition under
subsection (1)(c), all of the following apply:
(a) The intermediate school board shall notify the board of
the school district to which the territory is to be attached of the
petition and forward the petition to that board within 3 days after
receiving the petition.
(b) The board of the school district to which the territory is
to be attached shall act to approve or disapprove the proposed
transfer within 45 days after receiving the petition.
(c) If the board of the school district to which the territory
is to be attached approves the transfer, that board shall conduct
the election required under subsection (1)(f) within 60 days after
approving the proposed transfer.
(d) If the transfer of territory is approved at the election,
the transfer of territory takes effect at the beginning of the next
school fiscal year immediately following final certification of the
election results.
(4) As used in this section, "subdivision" means a subdivision
platted under the land division act, 1967 PA 288, MCL 560.101 to
560.293, or under a predecessor act, or a condominium project with
a condominium subdivision plan under section 66 of the condominium
act, 1978 PA 59, MCL 559.166, that has been recorded by the
register of deeds.
Sec.
952. The For a transfer
of territory under section 951,
the intermediate superintendent shall give 10 days' notice of the
time and place of the meeting of the intermediate school board and
of the proposed alterations in school district boundaries to be
considered by publication once before the meeting in newspapers of
general circulation in the territory of the affected school
districts.
Sec. 953. If the territory of school districts the boundaries
of
which are affected by the a proposed alteration under section
951 extends into 2 or more intermediate school districts, the
intermediate school board of each intermediate school district
shall meet jointly and sit as a single board to act upon the
request for the transfer of territory. The resolution or petition
for the transfer of territory may be filed with the intermediate
school board of 1 of the intermediate school districts. The
intermediate superintendent shall call the joint meeting of the
affected intermediate school boards and give the notice of the
intermediate school districts' meeting under section 952. Action on
the resolution or petition for transfer of territory shall be taken
only at a meeting attended by at least a quorum of each of the
intermediate school boards. The intermediate school boards meeting
jointly shall elect 1 of their members chairperson and another
secretary of the meeting.
Sec. 953a. In making a decision on a proposed transfer of
territory
under this part section 951, the intermediate school
board, or the intermediate school boards meeting jointly, shall
consider the welfare of the affected pupil, including, but not
limited to, the length of the pupil's commute to and from school,
on a school bus or otherwise.
Sec. 954. If the intermediate school board or the joint
intermediate
school boards approve alterations in the boundaries
of
school districts a transfer of territory under section 951 or
if there is a transfer of territory under section 951a, the board
or joint boards shall cause a map to be prepared showing in detail
the boundaries of the affected school districts before alteration
and the boundaries of territory attached or detached. A copy of the
map bearing the certification of the intermediate superintendent or
the chairperson of the joint boards shall be filed with the
secretary of each affected school district and with each affected
township supervisor or city assessor.
Sec.
955. (1) The For a transfer of territory under section
951, the intermediate school board or joint intermediate school
boards shall determine the effective date of the transfer, which
shall
not be less than 10 days after the date of the determination.
,
and
(2) For a transfer of territory under either section 951 or
951a, the intermediate school board or joint intermediate school
boards shall determine whether personal property of a school
district is to be transferred. If real property owned by a school
district is located in the territory to be transferred to another
school district, the intermediate school board shall determine an
equitable payment for the loss of the property. The intermediate
school board or joint intermediate school boards may require an
accounting from the affected boards of education and, for the
purpose of making the determination, may adjourn subject to the
call of the president of the intermediate school board or
chairperson of the joint intermediate school boards.
Sec.
971. (1) One Except as
otherwise provided in subsection
(3), 1 or more resident owners of land considered for transfer from
1 school district to another, or the board of a school district
whose territory is affected, may appeal the action of the
intermediate school board or joint intermediate school boards in
transferring the land, the failure to transfer the land, or action
relative
to the accounting determination to the state board
superintendent of public instruction within 10 days after the
action or determination by the intermediate school board or the
joint intermediate school boards. If the intermediate school board
or the joint intermediate school boards fail to take action within
the
time limit under section 951, the appeal may be made to the
state
board superintendent of public instruction within 10 days
following the termination of the period. The pendency of an appeal
shall suspend the action or determination of the intermediate
school board or joint intermediate school boards.
(2)
The state board Upon
appeal under subsection (1), the
superintendent of public instruction may confirm, modify, or set
aside the order of the intermediate school board or the joint
intermediate
school boards. In considering an appeal, the state
board
superintendent of public instruction shall consider the
welfare
of the any affected pupil pupils,
including, but not
limited
to, the length of the pupil's pupils' commute to and from
school,
on a school bus or otherwise. The action of the state
board
superintendent of public instruction on the appeal is final.
(3) This section does not apply to a transfer of territory
under section 951a.